Can Directors face jail time for unfair dismissals and what are the consequences for non compliance with Labour Laws?Oleh Stuff Employers Should Know

Ever wondered if your business is covered with all the “POPI” talks about compliance going around? Am I, as an employer following the correct protocols and what is actually considered “personal information”?Oleh Stuff Employers Should Know

In this episode of we delve into how integrating compliance into payroll systems can significantly benefit businesses, particularly in adhering to POPIA. Hosted by Yasser Ismail, with insights from Samantha Walker, the National Product Manager of Information Compliance, and Kimone Naidoo, a consultant specializing in the retail industry, the discus…

Are audit findings keeping you awake at night? Is your payroll legislatively compliant? The end of the tax year is fast approaching, today we will discuss processes to follow to end off the tax year with an error free payroll.Oleh Stuff Employers Should Know

Are you ready for your next external audit? Internal audit of your payroll can help reduce audit findings against your organization and better prepare your company for their audit. Are you tired of inaccuracies and errors within your payroll on a monthly basis? Its time to embark on an internal payroll audit.…

LabourNet Cape Town's Payroll Manager, Simeon Carter talks to us about the advantages of Employee Tax Incentives (ETI) and how it can save your business money!Oleh Stuff Employers Should Know

LabourNet Cape Town's Payroll Manager, Simeon Carter talks to us about the differences between Payroll outsourcing and in-house processing and how they can benefit your business.Oleh Stuff Employers Should Know

Senior Health and Safety Consultant, Morne Oosthuizen, tells us how the incident management and investigation process provides organisations with an insight into the effectiveness of their health and safety management system. The process should be used to solve health and safety problems, reduce the risk of workplace injuries and transform an organ…

In 1948, the United Nations defined 30 articles of human rights which at their core were based on humanity, freedom, justice, and peace. This became a roadmap for how a lot of legislation was drafted, promulgated, and implemented the world over for years to come. As technology and society have developed, so too has the legislation developed to supp…

The first in our new series of episodes with Lehan Goosen, talking to us about Strike Action!Oleh Stuff Employers Should Know

We are joined by LabourNet Skills and Equity Product Manager, Linda Madida who takes us through the changes in SETA regulations.Oleh Stuff Employers Should Know

Adri Louw joins BGD for the first monthly show discussing all hot topics and cases in Labour Law. As the scourge of electricity load shedding seems to be ongoing, what impact does this have on employers and employees?Oleh Stuff Employers Should Know

Samantha Walker and Sasha Tulshi take us through the "Dangers Of Email'' and discuss the recent case, Hawarden v Edward Nathan Sonnenbergs Inc (13849/2020) [2023] ZAGPJHC 14 (16 January 2023), which has caused quite the stir.Oleh Stuff Employers Should Know

In this first episode of SESK for 2023, BGD discusses the exceptional circumstances where an employer can terminate employees for misconduct without a disciplinary hearing. Cases Discussed: Mphepya v The South African Weather Service (2010) Lefu & Others V Western Areas Gold Mining Co Ltd (1985)Oleh Stuff Employers Should Know

It's been a year since the inception of our Stuff Employers Should Know Podcast! And what better way to celebrate than to give our new listeners a rerun of our most popular episode thus far! Thank you for your support, we'll be back i January 2023! Employee’s sharing their pay slips and other conditions of their employment with their fellow employe…

The year-end office party has gained legendary status of being the epicenter of office debauchery and bad behavior. In this episode we discuss what employers should do in the run up to their year end party, or any office party, to prevent any possible HR nightmares. Case law referenced: Campbell Scientific Africa (Pty) Limited v Simmers and others …

The Basic Conditions of Employment Act defines "overtime" as the time that an employee works during a day or a week in excess of ordinary hours of work. What are ordinary hours? and how is overtime compensated? BGD is back in studio to take you through the common questions regarding managing overtime. Are your overtime agreements still valid? Click…

In this episode we're joined by LabourNet's Skills & Equity Product Manager, Linda Madida who takes us through a high leveled overview of the proposed employment equity amendments and how organisations can prepare for them! For a different perspective on the Proposed Employment Equity Amendments read our blog via the link : https://www.labournet.co…

The Information Compliance Team, Samantha Walker, Yumnah Dowlath and James Bradnick join us in studio teaching us how to apply solutions throughout the POPI compliance journey within an organisation to overcome it's struggles. You can contact them via email on popi@labournet.comOleh Stuff Employers Should Know

The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair. This was confirmed in Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC) on 9 May 2022. However, is it that simple? BGD discusses how the courts have viewed the application of Section 18…

Yas has some questions that need answering when it comes to BBBEE in South Africa and who better to answer them than LabourNets National BBBEE Product Manager, Tamanna Sharma.Oleh Stuff Employers Should Know

What happens when an employee tenders their resignation, and then unilaterally seeks to withdraw their resignation? BGD talks us through this question which was put before the Labour Court (LC) in the interesting case of Mohlwaadibona v Dr JS Moroka Municipality (Case No: J718/21) (18 March 2022).Oleh Stuff Employers Should Know

Simple in theory yet quite difficult in practice, BGD gives insight into the tried and tested "formula" to use when drafting disciplinary charges. And remember... always be sufficiently particular!Oleh Stuff Employers Should Know

The Labour Court has found that the man had not intended to be dishonest when he went to his "mother’s" funeral twice as well as his "Son" despite not being the biological father. BGD discusses the interesting case of Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12 (14 July 2022)…

The Protection of Personal Information Act (“POPIA) has been in force for over 12 months. Organizations – private and public were given a one year grace period to become compliant. There are however still a lot of grey areas in terms of what compliance looks like or even how to practically interpret and implement this new legislation. To get a bett…

The recent unrest and protest action in the Tembisa community disrupted public transport leaving commuters stranded. Protesters "locked down" the community and many residents feared to leave their homes. Many employers had employee's who were impacted or prevented from attending work as a result of the protests, but are employers still required to …

In this episode BGD discusses the correct way to issue a notice to attend a disciplinary hearing.Oleh Stuff Employers Should Know

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair. However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum com…

It is possible that the resignation by an employee may actually be found to be an unfair dismissal by an employer. Bianca Venter join's Yas to discuss the concept of Constructive Dismissal and the circumstances where it may be found to be the case.Oleh Stuff Employers Should Know

Health minister Joe Phaahla published a notice in the Government Gazette early last week repealing the country’s Covid–19 regulations. Amongst other things the regulation to wear a mask in public spaces is no longer in effect. Since then Employers have been questioning whether they can still implement the health and safety policies they have put in…

It is important for employers to be mindful of the obligations toward ensuring safe working environments for pregnant or breast-feeding employees in the workplace. Attorney and Industrial Relations Specialist, Shameera Angamia, joins BGD to take us through the legal framework from the Constitution all the way through to the BCEA and case law. Case …

Where a whole or part of a business is transferred to another as a going concern section 197 of the Labour Relations Act comes into effect. This forces the new entity to take over all the obligations of the old undertaking. Quite often a outsourcing undertaking may trigger s197 (of the LRA) and should both parties be unaware of such, it could land …

Chapter 2 of the BCEA states that employees who work at night between 18H00 and 06H00 must be compensated by payment of an allowance or by reduction of working hours and transport must be available. BGD discusses what employers are required to pay as a night shift allowance and discusses the issue of transport. Case Law: TFD Network Africa (Pty) Lt…

LabourNet National Product Manager for Skills and Equity, Kyle Wesemann helps us understand the purpose of the Employment Equity Act, who it applies to and how to implement it within your business. For assistance with Employment Equity within your orginisation, get in touch with Kyle on wkyle@labournet.com…

Load Shedding is a challenge South African business has faced for over a decade. With load shedding looming this winter, BGD explains what employers may do to prevent the adverse affects of work stoppages and being unable to do business. Does the no work no pay principle apply? Can employees be sent home unilaterally? This is stuff employers NEED t…

BGD takes you through the dispute resolution processes of the CCMA, from the referral process, required time frames as per the LRA and the latest gazetted CCMA Rules.Oleh Stuff Employers Should Know

POPI and Public Bodies? How do they differentiate in their needs and obligations to private bodies and what do they need to look out for, specifically, themselves. In studio to discuss the above we had Samantha Walker and Chanel Sprieman, LabourNet POPI experts!Oleh Stuff Employers Should Know

Employers provide may different types of Leave, but which are governed by the BCEA and what are their provisions and conditions? Industrial Relations Manager, Elzabe Nieuwoudt, joins BGD to discuss the various BCEA leave entitlements and laws governing annual leave, sick leave, family responsibility leave, maternity leave and parental leave.…

Jakobus Le Roux joins BGD in a discussion regarding Organisational Rights of Registered Trade Unions. Also, what does an Employer do when political parties attempt to collectively bargain on behalf of their “members” ?Oleh Stuff Employers Should Know

BGD and Yas go through a few more of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQOleh Stuff Employers Should Know

BGD and Yas go through some of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQOleh Stuff Employers Should Know

There are vast misconceptions with regards to the appropriate and legally correct use of fixed term contracts or temporary service agreements. New legislation may now deem employees on fixed term contracts to actually be permanently employed. In this episode, BGD and guest Adri Louw discuss the laws and regulations of non-standard employment.…

BGD gives Yas a summary of calculating monthly, weekly, daily and hourly wages or remuneration. Summary of calculations: Hourly Wage = Daily wage / # of ordinary hours worked in a day or Hourly Wage = Weekly wage / # of ordinary hours worked in a week Daily Rate = Hourly wage x # of ordinary hours worked in a day or Daily Rate = Weekly wage / # of …

Employers are being required to enter into POPI security agreements and make declarations regarding their POPI security status with third parties. Is this open for abuse? Friend of the show, Attorney Samantha Walker, is back and takes us through the why? and how? of POPI security assessments assessments and questionnaires. Listen to the Podcast on …

BGD is joined by Litigation Manager, Juan-André Mulder, and go through the process of defending a dispute at the CCMA or a Bargaining Council. Related Episode: Getting a Case Dismissed at the CCMAOleh Stuff Employers Should Know

Overtime is only permitted to be worked by agreement, most employers do not know that there is legislation that may deem their overtime agreement to be invalid. In this episode BGD and Yas discuss the implementation of legitimate and enforceable overtime agreements by employers.Oleh Stuff Employers Should Know

Many employers are obligated to pay a Skills Development Levy to the South African Revenue Services most just see it as a compulsory payment of 1% from their monthly payroll. Employers don’t realise that they are able to claim a portion of this money back from their Sector Education Training Authority (SETA). There is a pool of funds available thro…

In terms of Government Gazette dated 8 February 2022 and with effect from 1 March 2022 employees whose annual ‘earnings’ equal or exceed R224,080.48, equivalent to R18,673 per month, will be excluded from the application of various sections of Chapter Two of the Basic Conditions of Employment Act (BCEA). In this episode BGD explains what this means…

What happens when an employee falls ill while they are on annual leave? Does it convert to sick leave? BGD answers some common questions regarding an employee's entitlement to sick leave.Oleh Stuff Employers Should Know

In order to enforce the rules and regulations set by an employer, the employer may issue a series of sanctions intended on correcting an employee’s conduct. These range from verbal warnings, written warning, final written warning and ultimately summary dismissal of the employee. Should there be any dispute about the fairness of a dismissal or even …